Defenses

• Jurisdiction: Maryland

XIX. DEFENSES

A. Laches

A delay in bringing suit against an infringer allows consumers to accept the notion that more than one entity can use a brand within the marketplace. Thus, estoppel and laches are common defenses in trademark cases. "Estoppel by laches generally applies in a trademark infringement action to preclude relief for an owner of a mark who has unreasonably slept on his rights."²¹⁸ The Fourth Circuit has articulated the following three-part test to analyze whether laches bars a plaintiff's claim: "[A] court's consideration of laches in the trademark context should encompass at least these questions: '(1) whether the owner of the mark knew of the infringing use; (2) whether the owner's delay in challenging the infringement of the...